Two things can happen after a judge hands down the ruling from a preliminary hearing in Pennsylvania:
- The charges get dismissed; or
- The case proceeds.
If the judge believes the prosecution presented probable cause to show a crime occurred and that you likely committed it, your case will continue moving toward trial, and they may even set a trial date in the days following your preliminary hearing.
However, if the judge does not believe probable cause exists to continue with your prosecution, the court will dismiss the charges against you.
A criminal defense lawyer can explain what the judge’s ruling means for your case and help you understand what to expect as your case moves forward. Below, we discuss the possible outcomes of a preliminary hearing and the next steps in the criminal process.
Understanding the Purpose of the Preliminary Hearing
The Pennsylvania Rules of Criminal Procedure generally require the court to provide a defendant charged with a misdemeanor or felony the opportunity for a preliminary hearing shortly after the preliminary arraignment, per Pa. R.Crim.P. 540-543.
The preliminary hearing is not a trial, and the prosecution does not have to prove guilt beyond a reasonable doubt at the preliminary hearing. Instead, the Commonwealth must establish a prima facie case so the charges can proceed. In simple terms, this means the prosecution must present enough evidence to show:
- A crime was committed
- The defendant likely committed it
This hearing requires the prosecution to show there is enough evidence for the case to move forward, not that the defendant is guilty beyond a reasonable doubt.
What Happens If the Judge Does Not Believe There is Enough Evidence?
If the judge does not believe the prosecution has a strong enough case to take you to court, the judge may dismiss your charges following the preliminary hearing. Under Pa. R.Crim.P. 543, the judge must discharge the defendant if the Commonwealth fails to establish a prima facie case.
In many cases, a dismissal ends the prosecution. However, depending on the circumstances, the Commonwealth may be able to refile the charges if additional evidence becomes available.
What Happens If the Judge Allows the Case Against Me to Continue?
If the judge rules that prosecutors provided enough evidence to continue the case against you, both sides will begin to prepare for trial. Although many cases continue toward trial, some are resolved through plea negotiations or other pretrial proceedings before a trial ever takes place.
Some of the next steps may include:
Setting a Trial Date
Once the preliminary hearing is over, the case is ready to head to trial. The prosecution can move forward with its case against you. However, that does not mean your trial will begin right away. Before a trial date is set, the court may schedule additional proceedings, such as:
- A formal arraignment in the Court of Common Pleas
- Status conferences to monitor the progress of the case
- Scheduling conferences to establish deadlines and future court dates
The timing of a trial depends on several factors, including the court’s schedule, the complexity of the case, and whether either side files pretrial motions. As a result, it may be several weeks or even months before your trial begins.
Pretrial Motions
Both the prosecution and the defense may have pretrial motions they need to file between the preliminary hearing and the start of the trial. These motions ask the court to decide important legal issues before the trial begins.
These motions could include:
- A motion to dismiss some or all of the charges when the law or the available evidence does not support prosecution
- A motion to suppress certain evidence, such as evidence obtained in an illegal search
- A motion to move the trial, called a “change of venue,” which is sometimes necessary when the local news has covered a high-profile case and impartial jurors may be difficult to identify
- A motion to sever charges, asking the court to separate charges or defendants into different trials when appropriate.
The types of motions filed and the court’s rulings on those motions can significantly affect how your case moves forward and whether it ultimately proceeds to trial.
Continued Plea Deal Negotiations
Prosecutors may continue to offer plea deals during the time between the preliminary hearing and the trial. In many cases, plea bargains continue as both sides learn more about the evidence and evaluate the strengths and weaknesses of the case.
You should weigh these offers carefully with your counsel to determine if they may offer a favorable outcome in your case. Before accepting a plea agreement, it is important to understand how it may affect your criminal record, sentence, and other legal rights.
Typical Timeline After a Preliminary Hearing
Although every criminal case is different, the process often follows a similar path after the preliminary hearing:
- The judge determines whether the case will proceed.
- If the case is held for court, the parties exchange evidence through discovery.
- Either side may file pretrial motions asking the court to resolve legal issues before trial.
- Plea negotiations may continue as the case develops.
- If the case is not otherwise resolved, it proceeds to trial.
The amount of time between each stage varies depending on the court’s schedule, the complexity of the case, and other factors unique to your circumstances.
How a Criminal Defense Lawyer Can Help After a Preliminary Hearing
If your case moves forward after a preliminary hearing, having a criminal defense lawyer can make a significant difference. Your lawyer can protect your rights, explain the legal process, and help you prepare for the next stages of your case.
Depending on the circumstances, a criminal defense lawyer may:
- Review the evidence and identify weaknesses in the prosecution’s case
- Conduct an independent investigation and interview witnesses
- File pretrial motions to protect your rights or challenge the prosecution’s evidence
- Negotiate with prosecutors to seek a favorable resolution when appropriate
- Prepare your case for trial if a resolution cannot be reached
- Answer your questions and help you make informed decisions throughout the criminal justice process
Working with a criminal defense lawyer after a preliminary hearing can help ensure you understand your legal options and are prepared for what comes next.
Your Next Steps After a Preliminary Hearing
The outcome of your preliminary hearing can have a significant impact on the rest of your criminal case. Whether your charges were dismissed or your case is moving forward, it is important to understand your responsibilities and prepare for the next stage of the legal process.
After your preliminary hearing, you should:
- Attend all scheduled court appearances and arrive on time
- Follow any bail conditions or other court orders that remain in effect
- Stay in regular contact with your criminal defense lawyer
- Preserve any evidence, documents, or witness information that may support your defense
- Avoid discussing your case with others or posting about it on social media, as your statements could be used against you later
Taking these steps can help protect your rights and ensure you are prepared for the proceedings ahead.
Frequently Asked Questions
Can charges be reduced at a preliminary hearing?
Yes. In some cases, the prosecution may decide to withdraw certain charges if the evidence does not support them. Likewise, if the judge determines that the Commonwealth failed to establish a prima facie case for one or more offenses, those charges may be dismissed while others continue.
Every case is different, and the outcome depends on the facts and evidence presented at the preliminary hearing.
Can the charges be refiled after a preliminary hearing?
It depends. If the charges are dismissed because the Commonwealth failed to establish a prima facie case, that does not necessarily prevent prosecutors from refiling the charges in the future if additional evidence becomes available. Whether charges can be refiled depends on the circumstances of the case and applicable Pennsylvania law.
Can the charges against me change after a preliminary hearing?
Yes. The charges against you may change after a preliminary hearing, depending on the evidence and the circumstances of your case. If the judge determines there is not enough evidence to support one or more charges, those charges may be dismissed while others are held for court. In some cases, the Commonwealth may also withdraw or amend charges as the case moves forward.
Do I have to go to trial after a preliminary hearing?
Not necessarily. Although a case may move forward after a preliminary hearing, many criminal cases are resolved before trial. Depending on the circumstances, your case may be resolved through:
- Plea negotiations
- Dismissal of the charges
- Another pretrial resolution
If your case does proceed to trial, your attorney will continue preparing your defense throughout the process.
How long does it take to get to trial after a preliminary hearing?
There is no set timeline. Some cases move through the court system more quickly than others depending on the court’s schedule, the complexity of the charges, whether pretrial motions are filed, and other factors. As a result, it may take several weeks or even months before a trial begins.
Should I hire a criminal defense lawyer after a preliminary hearing?
Yes. If your case is allowed to proceed, a criminal defense lawyer can review the evidence, file appropriate pretrial motions, negotiate with prosecutors, and prepare your defense for trial if necessary. Having legal representation after a preliminary hearing can help protect your rights and ensure you understand your legal options as your case moves forward.
Get Help from a Criminal Defense Attorney for Your Preliminary Hearing
If you are facing DUI, theft, drug, or other criminal charges, you do not have to face them alone. You are entitled to legal representation throughout your case, including at your preliminary hearing. At McKenzie Law Firm, P.C., we fight to protect your rights and represent your best interests.
Call us today at 610-991-7219 to learn more.
